Arizona Child Custody & Visitation Lawyers

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Child Custody Lawyers in Arizona

Child custody issues happen frequently in Arizona.  Children are the most important part of your life. Plus, children are often the reason why people end up getting divorced. Additionally, children are the reason that you may have custody issues. 

When issues arise between you and your spouse, you must protect your children.  This includes shielding your children from all of the rhetoric of a divorce including inflammatory comments, spousal fighting, and legal maneuvering.

During a split you may also worry about your children’s’ mental and emotional health during the divorce.  Protecting your children only makes sense.  It’s what you do as a parent. 

Let our experienced Arizona Custody lawyers handle the custody battle and represent you with the legal stuff. You should worry about yourself and can get the help you need for your kids.  Our job is representing you in custody and family law cases in Arizona.  We represent individuals, couples, and families throughout Maricopa, Pinal, and Pima counties in Arizona.

ARIZONA CUSTODY FAQs

ANSWER:

A judge will consider a number of factors when determining custody of a child or children. Both the parents’ and children’s wishes will be considered, along with the children’s relationship with any other children or members of each household. The health of each parent (mental, physical, etc.) will come into play, along with each parent’s home, school, and community. One parent may have the advantage if they have been the primary caregiver for the child in the past, but the other parent’s future potential will be considered as well.

A child likely won’t be placed primarily with a parent who refuses to allow contact with the other parent. This means if one parent can’t refrain from speaking negatively about the other parent (parental alienation), this could hurt their chances for custody. Convictions for domestic abuse, drug addiction, or other crimes can hurt a custody case.

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ANSWER:

Best Interest of the child are decisions made with the goal of helping a child’s physical, mental, and emotional health. Usually, a relationship with both parents is in the child’s best interest. However, while a parent may want to be in their child’s life, it may not be in the child’s best interest if the parent has a drug dependency, a history of abuse, etc.

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480-833-8000

ANSWER:

The assumption in custody cases is that the parents should have joint custody, or joint legal decision making. However, if one parent is considered an unfit parent, the other parent has a better chance of being awarded full custody. The factors considered in determining whether a parent is unfit are discussed below.

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CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

An unfit parent is a parent who fails, either by ability or by choice, to properly look out for the best interests of their child. Leaving childcare up to the other parent, exposing a child to unsafe conditions, having a bad attitude around the child or towards the other parent, allowing the child to engage in age-inappropriate activities, emotional instability or immaturity, substance abuse, domestic violence, and neglect are all factors that can be used to deem a parent “unfit.”

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CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

When parents have joint legal decision making for a child, one parent will not have final say over the other when disagreements arise over decisions for the child. Things like which school to attend, medical treatment, etc. will have to be agreed upon by the parents. If the parents aren’t able to come to an agreement, they may use a Parenting Coordinator, a mediator who will research the dispute and tell their recommendation to the court. A parent may appeal the parenting coordinator’s decision to the court if they disagree with it, and will argue their case in a later hearing.

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CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

If one parent has sole legal decision making for a child, parents can discuss issues in a child’s life but the parent with sole legal decision making will have the final say on these issues. The other parent may still have parenting time when one parent has sole legal decision making.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

Your custody order may have a clause against you leaving the state with your child. Leaving the state without permission from your ex or the court is likely a violation of that order, especially if it interferes with the other parent’s parenting time. If you wish to take the child to another state permanently, you must notify the court and the other parent at least 60 days in advance. You will need the court’s approval before moving 100 miles or more.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

Although mothers statistically end up with more custody than fathers, this isn’t because of how the laws in Arizona are written. Custody is determined based on the best interests of the child. A competent father has just as much right to custody as a competent mother.

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CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

Parenting time and child support are two separate issues. One parent may not withhold parenting time for failure to pay child support. They will need to pursue that separately. A parent who fails to pay child support can face serious consequences, such as wage garnishments to collect child support arrearages at a much higher maximum than standard debts in Arizona.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

To get custody of your child or children during the divorce process, you must file a motion for temporary custody with the court. You can also address issues like child support and alimony in this motion. If the motion is granted, the custody order will last until the issues are formally settled during the divorce proceedings.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

Divorce is a stressful time not only for parents but their children as well. You should always emphasize that the divorce isn’t the child’s fault, and avoid speaking negatively about the other parent in front of the child. You should also avoid discussing any details of the divorce (i.e., financial disputes) in front of children. Save this kind of talk for friends, older relatives, or even better, a licensed professional. You may want to consider counseling or therapy for your children if it is financially feasible for you.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

You don’t have to go through the court to get a custody order if you and the child’s other parent can informally agree upon a parenting plan. The plan, however, must be in the best interests of the child.

Our Arizona Chapter 7 bankruptcy team

CONTACT AN ARIZONA CHILD CUSTODY ATTORNEY

480-833-8000

ANSWER:

The judge can order either supervised parenting time or no parenting time at all if doing so would be in the best interest